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“Section 10(35)”

Section References (mined)Section 10Section 10(35)170 judgments

The decision most relied on for Section 10(35) is CIT v. Walfort Share & Stock Brokers (P.) Ltd. (326 ITR 1), cited in 543 judgments on BharatTax.

Leading authorities on Section 10(35)

CIT v. Walfort Share & Stock Brokers (P.) Ltd.
326 ITR 1 · 2010 · Supreme Court
543
citing judgments

For attracting Section 14A disallowance, there must be a proximate cause relating the expenditure to actual tax-exempt income, and such disallowance is not automatic but requires positive material. Additionally, Section 94(7) on dividend stripping only ignores losses to the extent of dividend received for assessment years post-April 1, 2002, allowing the remaining loss.

CIT v. Yokogawa India Ltd.
341 ITR 385 · 2012 · High Court
270
citing judgments

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

CIT v. Microlabs Ltd.
383 ITR 490 · 2016 · High Court
175
citing judgments

If an assessee possesses interest-free funds exceeding investments in tax-free securities, it is presumed that investments are made from these own funds, precluding disallowance of interest expenditure under Section 14A read with Rule 8D(2)(ii). Additionally, weighted deduction under Section 35(2AB) is computed on the gross expenditure incurred, not net expenditure after reducing income earned.

DIT v. Bharat Diamond Bourse
259 ITR 280 · 2003 · Supreme Court
86
citing judgments

Violation of investment mandates under Section 13(1)(d) of the Income Tax Act, 1961, for a charitable trust results in the complete denial of exemption under Section 11 of the Act.

CIT v. Ramkrishna Deo
35 ITR 312 · 1959 · Supreme Court
84
citing judgments

The burden of proving that a particular income is exempt from taxation, or is not taxable, lies on the assessee. To claim an exemption or a deduction, the assessee must provide proper materials to establish eligibility.

ACIT v. ICICI Securities Primary Dealership Ltd.
348 ITR 299 · 2012 · Supreme Court
76
citing judgments

Reopening assessment based on a mere re-look of accounts already furnished and assessed under section 143(3) is not permissible if there was no failure on the part of the assessee to make a true and full disclosure. The assessment cannot be reopened on the ground that income has escaped assessment merely by re-examining previously filed accounts.

Madras Industrial Investment Corpn. Ltd. v. CIT
91 Taxmann 340 · 1997 · Supreme Court
73
citing judgments

The Supreme Court held that discount on the issue of debentures is a deductible expenditure that can be spread proportionately over the period for which the debentures remain outstanding, rather than being claimed entirely in the year of issue. This treatment acknowledges the enduring benefit derived from the funds raised through debentures.

Everest Kanto Cylinders Ltd. v. DCIT
34 Taxmann.com 19 · 2013 · ITAT
64
citing judgments

A transfer pricing adjustment for corporate guarantees provided by an Indian entity to its Associated Enterprises (AEs) where no fees are charged can be estimated at approximately 0.20%. The arm's length principle applies to such intra-group corporate guarantee transactions.

Judgments citing Section 10(35)

Indu Maheshwari, Jaipur vs. Circle 19(1), Mumbai, DCIT-CPC

In the result, Ground No.1 raised by the assessee is allowed

ITA 715/MUM/2025[2017-18]Status: DisposedITAT Mumbai31 Dec 2025AY 2017-18

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2017-18 Indu Maheshwari Circle 19(1), Mumbai Shilpam, 20-A, Janpath Shyam Dcit-Cpc Nagar, Jaipur- 302019 Vs. Rajasthan (Pan: Abopm6419N) (Appellant) (Respondent) Present For: Assessee : Shri Atharv Mundra, Ca Revenue : Shri Virabhadra Mahajan, Sr. Dr Date Of Hearing : 07.10.2025 Date Of Pronouncement : 31.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl/Jcit (A)-2, Bengaluru, Vide Order No. Itba/Apl/S/250/2024- 25/1071060919(1), Dated 10.12.2024 Passed Against The Intimation Issued By Centralized Processing Center, By Dcit, Bengaluru (Cpc), U/S. 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 13.03.2019 For Ay 2017-18. 2. Grounds Taken By Assessee Are Reproduced As Under: 1. In Law & In The Facts & Circumstances Of The Appellant Case, The Learned Commissioner Of Income-Tax (Appeals) Has Grossly Erred In Confirming The Addition Of Rs. 34,34,698/- Made By Ld. Ao Treating As Dividend U/S. 10 (34) Of It Act. However Appellant Earned Income From Mutual Fund Which Is Exempt U/S. 10(35) Of It Act. 2. In Law & In The Facts & Circumstances Of The Appellant Case, The Learned Commissioner Of Income-Tax (Appeals) Has Grossly Erred In Confirming The 2 Indu Maheshwari Ay 2017-18 Addition Of Rs. 3,79,894/- Made By Ld. Ao For Not Allowing Of Loss Of Capital Gain.

For Appellant: Shri Atharv Mundra, CAFor Respondent: Shri Virabhadra Mahajan, Sr. DR
Section 10Section 10(34)Section 10(35)Section 115BSection 143(1)

dividend income earned thereon is undisputed and verifiable from the material on record. Claim of the assessee squarely falls within the provisions of Section 10(35) which deals with dividend income from mutual funds, exempting it from taxability under the Act. According to the ld. Counsel, provisions of Section 115BBDA ... 10 lakhs under section 10(34). The assessee has claimed to have earned dividend income from mutual funds, which are exempt under section 10(35). Evidence to this effect was also filed by way of statement of Mutual Fund. The assessee had clearly demonstrated the inapplicability of section 115BBDA 10

Birlasoft Limited, Pune vs. DCIT, Circle 8, Pune

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 1116/PUN/2023[2018-19]Status: DisposedITAT Pune24 Nov 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Birlasoft Limited Dcit, Circle – 8, Pune 35 & 36, Rajiv Gandhi Infotech Vs. Park, Phase-1, Midc, Hinjawadi, Pune – 411057 Pan: Aaack7308N (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 30-09-2025 Date Of Pronouncement : 24-11-2025 O R D E R Per R.K. Panda, V.P: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.08.2023 Of The Ld. Cit(A) / Nfac, Delhi Relating To Assessment Year 2018-19. 2. Facts Of The Case, In Brief, Are That The Assesse Is A Public Limited Company & Is Engaged In The Business Of Computer & Software Services. It Filed Its Return Of Income On 29.11.2018 Declaring Total Income Of Rs.95,13,15,400/-. The Return Was Processed By The Cpc & An Intimation U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Was Passed On 25.01.2021 Determining The Total Income At Rs.1,00,23,03,750/-. The Case Was Selected For Complete Scrutiny Assessment Under The E-Assessment Scheme, 2019 On The Following Issues:

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10ASection 10A(3)Section 143(1)Section 143(2)Section 27Section 36(1)(va)Section 51Section 80ISection 90

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA